How it works
The Indian company is incorporated through SPICe+, with the foreign parent or individual as subscriber. Directors need a Director Identification Number and a digital signature. Once the company has a bank account, the foreign shareholder remits the share capital through normal banking channels, the company allots shares, and reports the investment to RBI on the FIRMS portal.
Most sectors are open to 100% foreign investment under the automatic route. Some need government approval, and investment from countries that share a land border with India has its own rules, which were relaxed in part in 2026. We check the sector and the investor's country before anything is filed.
Subsidiary, LLP or liaison office?
| Structure | What it can do | Key point |
|---|---|---|
| Wholly owned subsidiary (private limited) | Full business operations, invoicing and hiring | Separate Indian taxpayer; most common choice |
| Joint venture company | As above, with an Indian partner | Shareholders' agreement and articles matter |
| LLP with foreign partners | Business operations | FDI allowed only in sectors open to 100% under the automatic route with no performance conditions |
| Liaison office | Representation and liaison only — no business income | See liaison, branch & project office |
| Branch office | Specified activities, with income taxed as a foreign company | Eligibility tests apply |
Documents required
- For a foreign company shareholder: certificate of incorporation, constitutional documents, and a board resolution authorising the investment and a representative — notarised and apostilled or consularised as required.
- For foreign individuals: passport and address proof, notarised and apostilled or consularised.
- For NRIs and OCI holders: passport, overseas address proof, and PAN if they have one.
- For the resident director: PAN, Aadhaar and address proof.
- Registered office address proof in India and the owner's no-objection letter.
- Proposed name, business activities and capital structure.
The process
Check the sector and route
Confirm the FDI route and any conditions for the activity and the investor's country.
Prepare documents abroad
We send exactly what each foreign subscriber and director must sign, and how it must be notarised and apostilled.
DSC and name
Digital signatures for directors, and the company name reserved.
Incorporate through SPICe+
Certificate of incorporation, PAN and TAN issued together.
Bank account and capital
The company opens a bank account and the foreign shareholder remits the capital.
Allot shares and report to RBI
Shares allotted within 60 days of receiving the funds, and FC-GPR filed within 30 days of allotment.
Post-incorporation
Auditor appointment, INC-20A within 180 days, GST and other registrations.
What the company files every year
- ROC: AOC-4 and MGT-7, board meetings and an AGM.
- Audit: a statutory audit every year.
- Tax: the company's income-tax return, and transfer pricing where it transacts with its foreign parent or group.
- RBI: the FLA return by 15 July each year.
- GST, TDS and payroll, as the business requires.
Practical notes from our engagements
- Apostille delays. Getting documents notarised and apostilled abroad often takes longer than the Indian filing. Start there.
- No genuine resident director. The 182-day test is real. Plan who will be the resident director before incorporation.
- Capital sent before the bank account is ready. The money has to come into the company's own account through banking channels, with the right purpose code, so the FC-GPR can be filed.
- Missing the 60-day allotment window. Funds not allotted within 60 days have to be refunded. Diarise it the day the money arrives.
How we handle company registration for foreign investors
We check the FDI position first, give the foreign shareholders a precise document list, handle incorporation and the bank account, and file the FC-GPR on time. Most clients then keep us for the company's annual ROC, tax and RBI compliance, so nothing is missed from abroad.
Related services
Frequently asked questions
Can a foreign national own 100% of an Indian company?
Yes, in sectors where 100% foreign investment is allowed under the automatic route — which is most sectors. The company still needs at least two shareholders and two directors, one of them resident in India.
Can an NRI register a company in India?
Yes. NRIs can be shareholders and directors. At least one director must have stayed in India for 182 days or more in the financial year.
How must foreign documents be attested?
Notarised in a Commonwealth country; notarised and apostilled in a Hague Convention country; or notarised and attested by an Indian consulate elsewhere.
When must the foreign investment be reported to RBI?
In Form FC-GPR within 30 days of the shares being allotted. Shares must be allotted within 60 days of receiving the money.
Do foreign directors need a DIN and DSC?
Yes. The DIN is allotted with the SPICe+ filing for up to three proposed directors, and a digital signature is obtained from an Indian certifying authority using apostilled documents.
Can a foreign company form an LLP in India?
Yes, in sectors where 100% foreign investment is permitted under the automatic route without performance-linked conditions.
Do I need to visit India?
Usually not. Documents are signed and apostilled abroad, and the Indian filings are done online.